HF3841
Courts required to recognize the fundamental right to the parent-child relationship in child custody and parenting time determinations.
Legislative Session 94 (2025-2026)
Related bill: SF4248
AI Generated Summary
Purpose
The bill changes how courts decide custody and parenting time by requiring they recognize and protect the fundamental right of a parent to have a relationship with their child. It aims to align state custody decisions with established court precedents and to ensure both parents’ rights are considered equally, unless there is a showing of harm to the child.
Main Provisions
- Jurisdiction prerequisite: Courts cannot issue, revise, modify, or amend custody or parenting time orders unless they have proper jurisdiction under chapter 518D.
- Precedent expectations: Courts must follow the principles from SooHoo v. Johnson (Minn. 2007) and Troxel v. Granville (U.S. 2000) in custody matters.
- Fundamental right protection: A court or anyone giving recommendations in custody cases must recognize and protect the fundamental right of the parent-child relationship, unless there is a finding of harm by clear and convincing evidence.
- Appropriate scrutiny: Courts must apply the appropriate level of judicial scrutiny when deciding how to intervene with these fundamental rights.
- Equal protection for fit parents: The fundamental rights to custody, care, and control must be equally protected for each fit parent.
- Marital status unchanged: A parent’s marital status may not restrict this fundamental right.
What this means in Practice
- Courts are directed to prioritize the parent-child relationship and to require clear evidence before restricting a parent’s access or decision-making authority.
- Parents who are legally considered “fit” should be treated with equal consideration for custody and parenting time, regardless of whether the parents are married or divorced.
- This could affect how courts evaluate what constitutes harm and how thoroughly they review decisions impacting parenting time.
Significant Changes to Existing Law
- Adds a formal emphasis on the fundamental right to the parent-child relationship in custody determinations within Minnesota Statutes 2024 section 518.155.
- Introduces explicit references to SooHoo v. Johnson and Troxel v. Granville as controlling guidance.
- Establishes jurisdiction as a gating factor for custody-related orders.
- Elevates the standard of care in custody decisions to protect parental rights unless harm is shown by clear and convincing evidence.
- Clarifies that marital status cannot automatically limit parental rights in custody matters.
Potential Implications and Questions
- How courts define “harm” and apply “clear and convincing evidence” in practice.
- How jurisdiction under chapter 518D interacts with ongoing or existing custody arrangements.
Relevant Terms - fundamental right to the parent-child relationship - custody determinations - parenting time - child custody - harm - clear and convincing evidence - SooHoo v. Johnson - Troxel v. Granville - jurisdiction - chapter 518D - marital status - fit parent - custody, care, and control - dissolution and legal separation (context for proceedings)
Bill text versions
- Introduction PDF PDF file
Actions
| Date | Chamber | Where | Type | Name | Committee Name |
|---|---|---|---|---|---|
| March 02, 2026 | House | Action | Introduction and first reading, referred to | Judiciary Finance and Civil Law | |
| March 16, 2026 | House | Action | Author added |
Citations
[
{
"analysis": {
"added": [
"Adds explicit recognition of the fundamental right to the parent-child relationship in custody and parenting time determinations.",
"Requires courts to apply judicial scrutiny appropriate to a fundamental right."
],
"removed": [],
"summary": "This bill amends Minnesota Statutes 2024 section 518.155 to require courts to recognize and protect the fundamental right of a parent to a parent-child relationship in custody and parenting time determinations, applying appropriate scrutiny and ensuring equal rights of each fit parent.",
"modified": [
"Reframes custody determinations to protect the fundamental rights of both parents; marital status alone cannot limit the right."
]
},
"citation": "518.155",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Referenced as part of the existing custody framework within which orders may be issued, revised, or amended.",
"modified": [
"Noted as a statutory element in the custody provisions addressed by the bill."
]
},
"citation": "518.131",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Referenced as part of the statutory framework related to custody and dissolution proceedings invoked by the bill.",
"modified": [
"Noted as a statutory element in the custody provisions addressed by the bill."
]
},
"citation": "518.165",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Referenced as part of the statutory framework governing custody determinations and related orders.",
"modified": [
"Noted as a statutory element in the custody provisions addressed by the bill."
]
},
"citation": "518.168",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Referenced as part of the existing statutes invoked by the bill related to custody and parenting time.",
"modified": [
"Noted as a statutory element in the custody provisions addressed by the bill."
]
},
"citation": "518.17",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Referenced as part of the existing statutes cited in the bill related to custody and parenting time.",
"modified": [
"Noted as a statutory element in the custody provisions addressed by the bill."
]
},
"citation": "518.175",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Referenced as part of the existing statutes cited in the bill related to custody and parenting time.",
"modified": [
"Noted as a statutory element in the custody provisions addressed by the bill."
]
},
"citation": "518.18",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Cites chapter 518D (jurisdiction provisions) as the basis for determining when a court has jurisdiction to issue, revise, or amend orders in dissolution, legal separation, or child custody proceedings.",
"modified": [
"Uses 518D as the jurisdiction framework in applying the new custody rights provision."
]
},
"citation": "518D",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Cites Troxel v. Granville, a U.S. Supreme Court decision establishing that parents have a fundamental right to the care, custody, and control of their children, informing the bill's approach to custody determinations.",
"modified": [
"Federal authority cited to ground a standard of scrutiny for protecting parental rights."
]
},
"citation": "530 U.S. 57 (2000)",
"subdivision": ""
}
]Progress through the legislative process
In Committee